May 27, 2016

Ms. Evelyn D. Sahr

Counsel for JetBlue Airways Corporation

JetBlue Airways Corporation

1717 Pennsylvania Avenue, NW.

Washington, DC 20006

Dear Ms. Sahr:

This responds to JetBlue Airways Corporation’s April 12, 2016 letter (Dckt. No. FAA-2016-

6432) petitioning the Federal Aviation Administration (FAA) to:

• Reconsider the FAA’s March 31, 2016 decision granting American Airlines an exemption 

from Title 14 Code of Federal Regulations (14 CFR) § 93.123(a) to operate one round 

trip flight (two slots) for service between Ronald Reagan Washington National Airport 

(DCA) and Lansing Capital Region International Airport (LAN);

1 and

• Modify the terms of American’s exemption by granting JetBlue backup authority to 

operate the slots in the event American fails to provide the service set forth in its 

petition.2

On August 11, 2015 and September 15, 2015, American and Delta, respectively, petitioned the 

Federal Aviation Administration (FAA) for an exemption authorizing the operation of one round 

trip flight (two slots) for service between DCA and LAN. Rather than file a petition for 

exemption, JetBlue filed comments opposing the grant of exemption authority to either American 

or Delta.3 

JetBlue’s failure to petition for an exemption precludes it from petitioning for reconsideration of 

the FAA’s exemption decision. Section 11.101 of 14 CFR, entitled “May I ask FAA to 

 1 To mitigate hardship on the travelling public, the exemption permits American to provide the nonstop DCA-LAN 

service previously granted to Sun Country pursuant to FAA Exemption No. 10466. The FAA’s March 31, 2016 

decision also denied Delta Airlines, Inc.’s petition for exemption seeking similar relief. See Dckt. No. FAA-2015-

3932-0009; FAA Exemption Nos. 15867 and 15869. 

2 American and the Capital Region Airport Authority submitted comments in opposition to JetBlue’s petition for 

reconsideration. As we do not reach the merits of JetBlue’s petition, we have not addressed those comments.

3 Dckt. No. FAA-2015-3932-0005, posted October 20, 2015 as well as Dckt. Nos. FAA-2015-3491-0177 and FAA2015-3491-0199, which posted on September 28, 2015 and October 30, 2015, respectively.
2

2

reconsider my petition for...exemption if it is denied?” provides: “Yes, you may petition FAA 

to reconsider your petition denial.” (emphasis added). Pursuant thereto, only petitioners that have 

been denied relief may petition for reconsideration of the FAA’s decision.

In addition, the exemption process does not provide JetBlue a basis to seek “backup authority” to 

assume the benefits of an exemption granted to another. Generally, each exemption provides 

temporary relief based on unique circumstances. Consequently, the relief granted by exemption 

is not transferable and when the exemption expires or service authorized by FAA exemption 

terminates, the operating authority conferred ceases. After the operating authority ceases, only a 

new exemption confers new operating authority (as was done in this matter).

Accordingly, JetBlue’s petition for reconsideration is dismissed in accordance with 

14 CFR § 11.101.

Sincerely,

/s/

Lorelei Peter

Assistant Chief Counsel for Regulations

CC: Dckt. FAA-2016-6432

Dckt. FAA-2015-3491

Dckt. FAA-2015-3932